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ALBERS v. NoDAK RACING CLUB, INC.

Civ. No. 9315.

256 N.W.2d 355 (1977)

Hank ALBERS, Plaintiff-Appellee, v. NoDAK RACING CLUB, INC., Defendant-Appellant.

Supreme Court of North Dakota.

July 27, 1977.

Attorney(s) appearing for the Case

Anderson, Tossett & Berning, Minot, for defendant and appellant; Collin P. Dobrovolny, Minot, filed briefs but made no oral argument.

Pringle & Herigstad, Minot, for plaintiff and appellee; Richard P. Olson, Minot, filed briefs but made no oral argument.

SAND, Justice.

The NoDak Racing Club (hereinafter NoDak) appealed from a summary judgment in favor of Hank Albers and against NoDak issued by the Ward County Court with Increased Jurisdiction.

The procedural steps leading up to the summary judgment, as are pertinent to the issue under consideration, are as follows:

An amended complaint by Albers, plaintiff-appellee, was served upon NoDak Racing Club, defendant-appellant, demanding an equitable share...

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